Requirements
Provided, howeverAny person who, while an alien or a noncitizen national of the United States, has served honorably as a member of the Selected Reserve of the Ready Reserve or in an active-duty status in the military, air, or naval forces of the United States during either World War I or during a period beginning , and ending , or during a period beginning , and ending , or during a period beginning , and ending on a date designated by the President by Executive order as of the date of termination of the Vietnam hostilities, or thereafter during any other period which the President by Executive order shall designate as a period in which Armed Forces of the United States are or were engaged in military operations involving armed conflict with a hostile foreign force, and who, if separated from such service, was separated under honorable conditions, may be naturalized as provided in this section if (1) at the time of enlistment, reenlistment, extension of enlistment, or induction such person shall have been in the United States, the Canal Zone, American Samoa, or Swains Island, or on board a public vessel owned or operated by the United States for noncommercial service, whether or not he has been lawfully admitted to the United States for permanent residence, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence. The executive department under which such person served shall determine whether persons have served honorably in an active-duty status, and whether separation from such service was under honorable conditions: , That no person who is or has been separated from such service on account of alienage, or who was a conscientious objector who performed no military, air, or naval duty whatever or refused to wear the uniform, shall be regarded as having served honorably or having been separated under honorable conditions for the purposes of this section. No period of service in the Armed Forces shall be made the basis of an application for naturalization under this section if the applicant has previously been naturalized on the basis of the same period of service.
Exceptions
Revocation
section 1451 of this titlesection 1451 of this titleCitizenship granted pursuant to this section may be revoked in accordance with if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in . The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service.
June 27, 1952, ch. 47766 Stat. 250Pub. L. 87–301, § 875 Stat. 654Pub. L. 90–63382 Stat. 1343Pub. L. 97–116, § 15(a)95 Stat. 1619Pub. L. 100–525, § 9(y)102 Stat. 2621Pub. L. 101–649, title IV, § 407(b)(5)104 Stat. 5040Pub. L. 102–232, title III, § 305(b)105 Stat. 1749Pub. L. 105–85, div. A, title X, § 1080(a)111 Stat. 1916Pub. L. 108–136, div. A, title XVII117 Stat. 1691–1693(, title III, ch. 2, § 329, ; , , ; , §§ 1, 2, 6, , , 1344; , , ; , , ; , (c)(11), , , 5041; , , ; , , ; , §§ 1701(b)(2), (c)(1)(B), 1702, , .)
Editorial Notes
References in Text
section 3602(b) of Title 22For definition of Canal Zone, referred to in subsec. (a), see , Foreign Relations and Intercourse.
Amendments
Pub. L. 108–136, § 17022003—Subsec. (a). , inserted “as a member of the Selected Reserve of the Ready Reserve or” after “has served honorably” in first sentence.
Pub. L. 108–136, § 1701(b)(2)Subsec. (b). , added par. (4).
Pub. L. 108–136, § 1701(c)(1)(B)section 1451 of this titleSubsec. (c). , amended text generally. Prior to amendment, text read as follows: “Citizenship granted pursuant to this section may be revoked in accordance with if at any time subsequent to naturalization the person is separated from the military, air, or naval forces under other than honorable conditions, and such ground for revocation shall be in addition to any other provided by law. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation.”
Pub. L. 105–851997—Subsec. (a)(1). inserted “, reenlistment, extension of enlistment,” after “at the time of enlistment” and “or on board a public vessel owned or operated by the United States for noncommercial service,” after “Swains Island,”.
Pub. L. 102–232Pub. L. 101–649, § 407(c)(11)1991—Subsecs. (a), (b). made technical correction to directory language of . See 1990 Amendment note below.
Pub. L. 101–649, § 407(c)(11)Pub. L. 102–2321990—Subsec. (a). , as amended by , substituted “an application” for “a petition”.
Pub. L. 101–649, § 407(c)(11)Pub. L. 102–232Subsec. (b). , as amended by , substituted references to applicant and application for references to petitioner and petition wherever appearing.
Pub. L. 101–649, § 407(b)(5)(A)Subsec. (b)(2). , substituted “State or district of the Service in the United States” for “State” and inserted “and” at end.
Pub. L. 101–649, § 407(b)(5)(B)Subsec. (b)(3), (4). , (C), redesignated par. (4) as (3) and struck out former par. (3) which authorized filing of petition in any court having naturalization jurisdiction.
Pub. L. 100–52556 Stat. 18258 Stat. 88659 Stat. 6581988—Subsec. (d). struck out subsec. (d) which read as follows: “The eligibility for naturalization of any person who filed a petition for naturalization prior to , under section 701 of the Nationality Act of 1940, as amended (, , ), and which is still pending on the effective date of this chapter, shall be determined in accordance with the provisions of this section.”
Pub. L. 97–116section 1447(c) of this title1981—Subsec. (b)(5). struck out par. (5) which provided that, notwithstanding , the petitioner may be naturalized immediately if prior to the filing of the petition the petitioner and the witnesses have appeared before and been examined by a representative of the Service.
Pub. L. 90–633, § 11968—Subsec. (a). , added the Vietnam hostilities and any subsequent period of military operations involving armed conflict with a hostile foreign force as periods during which a person may be naturalized through service in active duty status.
Pub. L. 90–633, § 6section 1429 of this titleSubsec. (b)(1). , inserted reference to provisions of as they relate to deportability.
Pub. L. 90–633, § 2Subsec. (b)(4). , inserted reference to the period of the Vietnam hostilities and to any other subsequent period which the President by Executive order designates as a period in which the Armed Forces of the United States were engaged in military operations involving armed conflict with a hostile foreign force.
Pub. L. 87–3011961—Subsecs. (a), (b)(4). inserted “or during a period beginning , and ending ”.
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
section 1701(c)(1)(B) of Pub. L. 108–136section 1701(c)(2) of Pub. L. 108–136section 1439 of this titleAmendment by applicable to citizenship granted on or after , see , set out as a note under .
section 1701(b)(2) of Pub. L. 108–136Pub. L. 108–136section 1705 of Pub. L. 108–136section 1439 of this titleAmendment by effective , and amendments by sections 1701(c)(1)(B) and 1702 of effective as if enacted , see , set out as a note under .
Effective Date of 1997 Amendment
Pub. L. 105–85, div. A, title X, § 1080(b)111 Stat. 1916
Effective Date of 1991 Amendment
Pub. L. 102–232Pub. L. 101–649section 310(1) of Pub. L. 102–232section 1101 of this titleAmendment by effective as if included in the enactment of the Immigration Act of 1990, , see , set out as a note under .
Effective Date of 1981 Amendment
Pub. L. 97–116section 21(a) of Pub. L. 97–116section 1101 of this titleAmendment by effective , see , set out as a note under .
Abolition of Immigration and Naturalization Service and Transfer of Functions
section 1551 of this titleFor abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under .
Naturalization of Natives of Philippines Through Certain Active-Duty Service During World War II
Pub. L. 102–395, title I, § 113106 Stat. 1844section 405 of Pub. L. 101–649section 405 of Pub. L. 101–649section 1446(b) of this titlePub. L. 105–119, title I, § 112(c)111 Stat. 2460, , , which provided that, notwithstanding any other provision of law, effective 120 days after , and applicable to natives of the Philippines who applied for naturalization under , set out below, and who applied within 2 years after such effective date, the naturalization of natives of the Philippines who apply for naturalization under was to be conducted in Philippines as well as in United States by employees of Immigration and Naturalization Service designated pursuant to , and required Attorney General to prescribe necessary implementing regulations and maintain permanent records of the oaths of allegiance taken in accordance with these provisions, was repealed by , , .
Pub. L. 101–649, title IV, § 405104 Stat. 5039Pub. L. 103–416, title I, § 104(d)108 Stat. 4308Pub. L. 105–119, title I, § 112(b)111 Stat. 2459, , , as amended by , , ; , , , provided that section 1440(a)(1) and (2) of this title did not apply to the naturalization of certain persons born in the Philippines who served honorably in an active duty status during the World War II occupation and liberation of the Philippines within the Philippine Army or within a recognized guerilla unit or who served within the Philippine Scouts or within any other component of the United States Armed Forces in the Far East at any time during the period beginning , and ending , who were otherwise eligible for naturalization under section 1440, and who applied for naturalization during the 2-year period beginning on .
Naturalization of Aliens Enlisted in Regular Army
Act June 30, 1950, ch. 443, § 464 Stat. 316June 27, 1952, ch. 47766 Stat. 276
Executive Documents
Ex. Ord. No. 12081. Termination of Expeditious Naturalization Based on Military Service
Ex. Ord. No. 12081, , 43 F.R. 42237, provided:
82 Stat. 13438 U.S.C. 144082 Stat. 13448 U.S.C. 1440eBy the authority vested in me as President of the United States of America by Section 329 of the Immigration and Nationality Act, as amended by Sections 1 and 2 of the Act of (; ), and by the authority of Section 3 of that Act of (; ), it is hereby ordered that the statutory period of Vietnam hostilities which began on , shall be deemed to have terminated on , for the purpose of ending the period in which active-duty service in the Armed Forces qualifies for certain exemptions from the usual requirements for naturalization, including length of residence and fees.
Executive Order No. 12582
section 1440(b) of this titleEx. Ord. No. 12582, , 52 F.R. 3395, which provided for expedited naturalization for aliens and noncitizens who served in the Armed Forces in the Grenada campaign by making them eligible in accordance with statutory exceptions in , was revoked, effective , by Ex. Ord. No. 12913, , 59 F.R. 23115, such revocation not intended to affect status of anyone who was naturalized pursuant to terms of that order prior to the date of publication of Ex. Ord. No. 12582 in the Federal Register ().
Ex. Ord. No. 12939. Expedited Naturalization of Aliens and Noncitizen Nationals Who Served in Active-Duty Status During Persian Gulf Conflict
Ex. Ord. No. 12939, , 59 F.R. 61231, provided:
section 1440 of title 8By the authority vested in me as President by the Constitution and the laws of the United States of America, including , United States Code, and in order to provide expedited naturalization for aliens and noncitizen nationals who served in an active-duty status in the Armed Forces of the United States during the period of the Persian Gulf Conflict, it is hereby ordered as follows:
section 1440(b) of title 8For the purpose of determining qualification for the exception from the usual requirements for naturalization, the period of Persian Gulf Conflict military operations in which the Armed Forces of the United States were engaged in armed conflict with a hostile force commenced on , and terminated on . Those persons serving honorably in active-duty status in the Armed Forces of the United States during this period are eligible for naturalization in accordance with the statutory exception to the naturalization requirements, as provided in , United States Code.
Ex. Ord. No. 13269. Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism
Ex. Ord. No. 13269, , 67 F.R. 45287, provided:
8 U.S.C. 1440By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 329 of the Immigration and Nationality Act () (the “Act”), and solely in order to provide expedited naturalization for aliens and noncitizen nationals serving in an active-duty status in the Armed Forces of the United States during the period of the war against terrorists of global reach, it is hereby ordered as follows:
For the purpose of determining qualification for the exception from the usual requirements for naturalization, I designate as a period in which the Armed Forces of the United States were engaged in armed conflict with a hostile foreign force the period beginning on . Such period will be deemed to terminate on a date designated by future Executive Order. Those persons serving honorably in active-duty status in the Armed Forces of the United States, during the period beginning on , and terminating on the date to be so designated, are eligible for naturalization in accordance with the statutory exception to the naturalization requirements, as provided in section 329 of the Act. Nothing contained in this order is intended to affect, nor does it affect, any other power, right, or obligation of the United States, its agencies, officers, employees, or any other person under Federal law or the law of nations.